The Real Victim: Will The Cassation Report Promised Thursday Belatedly Suitably Acknowledge Her?

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@Slow Jane, your tribute in word, photo and song for sweet Meredith is just beautiful. Beautiful.

This is such a warm and loving tribute, Slow Jane. She may have gone to her final resting place, but if she inspires us in some way to be our best, her legacy lives on.

Appropriate header. We noted that Judge Hellmann’s was the only previous court that completely ignored Meredith and her family.

Not a single word of compassion.

The Fifth Chambers can “belatedly suitably acknowledge” Meredith by reversing its own verdict as illegal, and returning to the correct legal path the First Chambers put the case upon again after annulling Hellmann.

If they dont do this then OTHER COURTS WILL DO IT FOR THEM.

We now know what the law is that will be applied here and will post it in the next post after this one.

If the law is applied the anullment of the Fifth Chambers verdict looks to be quite certain.

Now we really see why the defenses have been so nervous.

Thank you for the beautiful tribute, Slow Jane

Thanks Slow Jane. A beautiful tribute.

The real victim is the Justice.

Meredith has left us and she does not care anymore for trivial pettiness that confront us everyday. She has moved to a greater world.

And the real sufferers are the people of Italy who have reposed faith in the Justice system. We have seen how the system has perverted justice, over time, but we we have not lost the faith. We too, are the victims.

Are the people who settle differences with guns and knives finally won? I doubt.

I am no one without your love and faith. It is our collective responsibility to correct the mistakes and make amends. The system we have built up over the ages must not collapse. Because you are the one that we all have.

The debt shall be paid.

Very moving Slow Jane. Thank you.

Beautiful.  Thank you.

Thank you Slow Jane.

Some might think that the perpetrators have evaded punishment. They have not and will not.
They have only (temporarily, one hopes) evaded being placed under restraint, lock and key, in Capanne or elsewhere.

The meaning of injustice, the need for remorse, and the weight of past actions upon the memory, the affect of the lies upon the liar…these remain, and will never be deleted.

I expect the motivations report from the Italian Supreme Court will be similiar to that reported in Corriere del Sera 29th March 2015.

In other words, a complete travesty of justice (and that is not a cliche).  It’s tosh “evidence is contraditory” or “uncertain”. 

There is bucketloads more certain evidence here than in the average crime.

These judges should be sacked!

http://roma.corriere.it/notizie/cronaca/15_marzo_29/omicidio-meredith-inutile-altro-processo-amanda-raffaele-29d501f0-d5df-11e4-b0f7-93d578ddf348.shtml

ROME - A new process could not ascertain the truth about the murder of Meredith Kercher. The “proof used was so contradictory,” it is impossible to overcome the doubts and inconsistencies. Therefore, after eight hours of discussion, the judges of the fifth section of the Court of Cassation, were all agreed on canceling the sentence to 28 years and six months for Amanda Knox and Raffaele 25 years “without referral.” “Absurd,” This is the shared line, it would be “to have a new trial relying on clues so fleeting.”
Eight years without truth
The board chaired by Gennaro Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new trial in the belief that their pronunciation should evaluate only the verdict reached on appeal in Florence January 30 a year ago, that for which Amanda and Raffaele were convicted of murder. Accordingly closes forever the chance to find out what really happened in the house on Via della Pergola 1 November 2007. The only charge is Rudy Guede, who was sentenced to sixteen years in prison, and - after having discounted almost half - ready to ask permission to work outside. Eight long years have not been enough to shed light on the dark sides of a story that is still marked by too many mysteries. And at least four questions remained unsolved, which now seems impossible to find convincing answers.

Hi Slow Jane

That’s out of date. See my comment higher up, the Breaking News box, and the next post to come. Previous posts leading up to those were here:

http://truejustice.org/ee/index.php?/tjmk/comments/a_shaky_castle_of_cards_at_best/

http://truejustice.org/ee/index.php?/tjmk/comments/a_shaky_castle_of_cards_at_best_the_long-term_fight_for_legitimacy_2/

Re the above Corriere del Sera article, it was interesting to note that while judge Nencini was attacked by the defense for his off the cuff interview after the Florence Appeals Court verdict, judge Marasca’s press interview was not.

It also tells us what to expect from the motivations report; it appears he is ruling on the evidence, and not the legality of the Appeal Court’s ruling. Unprecedented, indeed.

“The board chaired by Gennaro Marasca also considered “non-binding” the earlier ruling of the Supreme Court that in March two years ago ordered a new trial in the belief that their pronunciation should evaluate only the verdict reached on appeal in Florence.”

He feels that he is above the law? Interesting.

Again, more telegraphing the final motivations report, JohnQ.

He’ll be evaluating the trial phase as well, and rule what further evidence judge Nencini should or should not have considered. So every defense request that was not allowed, will then be used to justify the ruling.

I would not be surprised if ‘semen stains’ and ‘international standards of forensics’ makes a comeback. The knife and bra clasp evidence will be ruled inconclusive, based on Gill’s postulation of contamination from cardboard tubes and latex gloves, and ‘other contributors’.. Meredith Kercher’s DNA on the knife will be trashed, and Amanda Knox’s DNA present because she cooked a meal. The mixed blood evidence will be glossed over, etc.

There will be much pointing at Rudy Guede, and away from Amanda Knox and Raffaele Sollecito.

Hi Ergon and JohnQ

That interview with Sarzanini was way back in March, as I warned Slow Jane.

The legal community now commonly believes that the Fifth Chambers FIRST has to explain, in legal terms that hold up, why it is dabbling at this level at all. None of this matters until it has done that, though Cardiol has been loading our guns just in case with his 4-part “Pesky Certainties” series below.

This quote below (from a lawsuit already filed) is one of several explanations of how the Italian appeals law and First Chambers 2013 ruling stack up against Marasca. He will have no choice but to observe the code, and if he doesnt report tomorrow here’s betting he’s still sweating over that.

.... the judgment of the [Florence] court of remand would have been impugnable only for reasons not regarding the points already decided by the Court of Cassation [in 2013], according to the very clear disposition of Article 628, second paragraph, Criminal Procedure Code.

From this it follows that the Fifth Chamber of the Supreme Court, called on to decide the merits of the appeals brought by the accused against the decision of the court remanded to, would have had to consider as inadmissible the [RS and AK] appeals presented in violation of the second paragraph of Article 628 Criminal Procedure Code and, in any case, would have had to rigorously conform with the points already decided by the First Chamber and with all the questions of law decided by the same,—the latter constraint, as constituted by the jurisdiction of sole legitimacy, being understood—, for defect pursuant to Article 606 Criminal Procedure Code and limited to the grounds proposed by the appellants (Article 609 Criminal Procedure Code).

.... the Court of Cassation cannot, therefore, ever adopt decisions on the merits and issue orders of acquittal under Article 530, second paragraph, Criminal Procedure Code.

....two chambers of the same Court of Cassation, the First (the one competent for proceedings in homicide matters, whose decision of annulment is definitive and who had identified and decided questions of law in a definitive and un-retractable manner) and the Fifth (who would have had to decide the appeals presented only on grounds of legitimacy of the defendants’, constrained by what had already been definitively decided by the First) have handed down two absolutely divergent decisions and the second had annulled the Florentine decision, positively excluding any remand and acquitting the defendants pursuant to Article 530, second paragraph, Criminal Procedure Code.

The Fifth Chamber’s reasons have not yet been handed down and we await their contents becoming known. It cannot be denied, in any case, that the decision of the Fifth Chamber, is a decision that is not only absolutely unforeseeable and anomalous but that it positively constitutes a unicum [singular object in defiance] of the jurisprudence of the Court of legitimacy.

In any case, Amanda Knox has already been definitively convicted for the calunnia against Patrick Diya Lumumba.

Pete…is there a way that Marasca could withdraw his own judgement/ruling - at this stage?
Is it possible to say, now, essentially “I have made an error, (over the case of merits, for instance)... And therefore I cannot pursue this course, nor submit the motivazione”?

Hi SeekingUnderstanding

No, we dont see a way to a U-turn. Judge Marasca is between the devil and the deep blue sea, or between a rock and a hard place if you prefer. The verdict actually looks a really easy one to annul on further appeal, for the reason given above: it departed from the code.

The word that got out in Rome in late March (our Italian poster Machiavelli reported it here) was that Marasca and one other judge held out for several hours against Bruno and his majority of three. Then Marasca grudgingly gave way as the majority on the panel rules.

No only does he ignominiously face being annulled. He could face penalties from the Counsel of Magistrates, and his own political party, if anything untoward turns up - and a lot of people are looking for that now.

Remember both the Knox lawyers and the Sollecito lawyers were shocked at the verdict and remain rattled. They are rumored to all believe in guilt, and were probably at most hoping to see the appeal outcome sent back to Florence, and some years maybe lopped off. They seemed to KNOW that the Marasca/Bruno outcome spelled trouble for them down the road.

Then of course the RS lawyer Maori gave a tin-eared interview, and the cards are now stacked against him too - as you’ll see when Catnip finishes the translation and we post it, the charges against him are also a big shot across the bows of anyone with a brain in the defenses camps. Very clever bit of work.

Slow Jane

Your post was stunning in its respect and affection for a young woman whom none of us ever met but all of us feel a kinship and solidarity with. I won’t have been alone in shedding tears as I read your post. I hope her family get to read it it some day too so that they know Meredith has not been forgotten.

I’ve spent a few days reading Azoza’s excellent Meredith wiki site and it refreshed a few things which had become dulled with the mists of time. It has also renewed my utter disgust at the way the two murderers have got away with it (thus far) and affirmed my contempt for the credulous morons who idolise the female murderer.

I’m not a religious man but I’ve had a feeling that something good was coming in my life for a couple of months now. The usual selfish stuff of personal wealth, health etc has been uppermost in my mind in truth but maybe, just maybe, it’s the possible annulment of the terminally stupid Supreme Court judgement that’s been working on my subconscious.

I would honestly swap any personal gain for this horrendous wrong to be righted and for the two braying jackals who think they got away with murder, to be dragged back to prison where they belong.

Wishful thinking perhaps but it feels possible now where it didn’t for the first month or two after the verdict….

Re: 90 days for motivation report

With my statistician’s hat on, and strictly speaking, doesn’t “within 90 days” from 27 March mean that the Supreme Court actually have till tomorrow, 25 June to deliver it?

Also, if I remember correctly, the judgement came late in the day so the report may not come till late tomorrow. Or have I got this all wrong?

@Odysseus

You are right! Using the time and date calculator, I see that wednesday (today) makes only 89 days. They have just got one more day. They have whole of tomorrow to deliver.

By the way, what happens if they do not deliver the report? Does it not make the whole exercise invalid because of time lapse? Their judgement becomes invalid because it is time barred?

I am just curious. Perhaps they want some way to get out of this mess.

Hi Odysseus and Chami

Accepted. Ninety days is tomorrow. My mistake. The appeal hearings began on 25 March but spilled over onto 27 March not 26 March because the judges had other business on the thursday.

This is the first time we’ve counted down a sentencing report. I dont recall any others being delayed except a report by Micheli on the MOF/Narducci case which took him nearly a year, looked decidely bent, and was overturned by the Supreme Court.

Hi to everybody.
Thanks a lot to Slow Jane for your beautiful tribute.I have no other words to describe my feelings.

Hi Slow Jane,

Lovely tribute.  It was moving to read.

Knox must be worried about what will happen after 5th Chambers releases its report.  She is trying to insert herself back into the national news, under the pretence of promoting the ‘‘Innocence Network’‘.  Not too subtle.

http://www.cnn.com/2015/06/23/opinions/knox-innocence-project/

CNN does a little C.Y.A., by saying the opinions here are only those of Knox, but as usual no actual fact checking.

Not one mention of that ‘‘friend’’ of hers who was murdered, whatever that was.

Not one mention of the Kercher family, and all the grief they were put through.

Not one mention of that ‘‘boss’’ whom she falsely accused of rape and murder, and whose life she destroyed.

Pathetic.

Thank you for this very beautiful and moving tribute Slow Jane.

I believe we are not going to see a motivations report any time soon.

It seems the Fifth Chambers is repeating history and did not learn anything from the Hellmann Appeal. It is incredulous to think they did not know the law via Article 628! It sounds like a rogue Court and hopefully there is enough political will to annul this travesty of a verdict. It was reported that RS seemed calm while in court and makes one wonder if he had any idea what would be happening. On another note, the pictures of the grave site were beautiful and touching. One is hopeful that one day matters will be made right.

I thought that they had 90 days by law?

Hi Vinnie

Yeah. The Article 628 mistake was so basic that I did (still do) wonder if Judge Marasca was practicing passive aggression against the Bruno faction. Setting the verdict up to be annihilated.

We wondered that too about Hellmann, he was erratic and less than a wonderful proponent of “his” verdict, and we heard Zanetti might have been the one who wrote the report, though how to account for it also being so easy to knock down?

RS was not that calm, he fled the proceedings and headed in a car for Bari and was nearly there when the verdict came down.

Hi JohnQ

First, see what Yummi said. He always knows much more than he posts immediately so he will be hearing that getting a consensus without them all looking like a busfull of clowns is not coming easily.

Second, Judge Marasca “promised” 90 days and spilling over his own deadline wont help them. More and more will leak out. Marasca may secretly inspire that. We can be happy for this aspect.

One example of postponing a report beyond 90 days was by “our” Judge Micheli who took nearly a year to write his report to try to separate Dr Mignini from the MOF/Narducci case.

That resulted in some statutes of limitations cutting in (perhaps the point) but also a scathing Supreme Court reversal in GM’s favor.

By then though the case file was back in Florence and out of his reach. As in Merediths case so many nasty tricks played.

Perhaps there will not be a motivations report for this unlawful verdict. The below was just now tweeted:

case of #AmandaKnox #RaffaeleSollecito will be returned to appeals court. latest verdict invalid, cassation can confirm or return only.

https://twitter.com/lineer_cebir/status/613917405899833344

_

Hi Johnny Yen..I too, read that just now. Really, really interesting.
I will stay tuned for the latest.

The tweet by linear Algebra is rather interesting. LA must be having some inside knowledge I think. The path to truth is rather non-linear I guess.

Pete, It seems to me that Meredith’s supporters who quit their involvement when the Fifth Section ruled acted in haste. I’m not going anywhere until much more clarity is brought to the case. Yummi’s contributions are invaluable. I’m glad he’s still here. I also appreciate the fact that you are as dedicated as ever. Keep up the good work.

JohnQ

I suspect “Linear Algebra” is Edda’s twitter name. (She taught Maths at one time I understand.) It all makes sense - she is heartily sick of her daughter’s endless lies and has belatedly realised she musn’t be allowed to get away with it. 😊

Hi JohnQ. Thanks. Of course. We have always been “like minds” as are so many here. More than 60 now have put up main posts.

Hi Johnny, Bettina, Chami, Odysseus

Amazingly interesting that tweet. Presently true or not, its the only face-saving and legal way forward.

Could be almost anyone that sent it and quite possibly a sort of hoax but we should get something harder pretty soon and it could well be on the same lines.

Odysseus sure made me laugh. Note how anyone close to Knox seems to get sick of her and distance themselves. Maybe Edda could write a main post here?!

Hello Peter Yes Very true. I notice that there is absolute silence concerning any wedding plans going forward. The last post concerning that was any

“Wedding plans had been put off because of threats.”

How that would stop anybody who was really serious concerning getting hitched is of course is laughable.

‘Maybe Edda could write a main post here…?’

Now you are making me laugh, Pete. She could, of course - I expect she can write well enough. She might feel relieved !

Three hours to midnight Rome time. Report time.

Any delay beyond then could make the rumors and negative perceptions look true and could be very bad news for AK and RS.

We have some insights into what may be going on, so expect a long post some time tomorrow if the deadline is missed.

@Peter,

If you are counting hours then 90 days are already over.

I think I should give them some credit- they realize that it is better to take a step back and take broad look at what went wrong.

minus and minus make one plus (and the reason for that we need not discuss) but two wrongs do not make a right (but two left turns make one u-turn).

It is good for the truth. The truth is struggling to come out. Give it a chance.

Deapite what Frank Sfarzo says here https://twitter.com/FrankSfarzo/status/587372363341238272 about Amanda Knox’s appeal to ECHR I checked with them and there has so far been no ruling on admissibility yet.

“I am enquiring re the case of Knox v. Italy application no. 76577/13 which was lodged with the Court on 24 November 2013. Has a ruling re: admissibility been issued? I have been unable to locate its status on the HUDOC database.”

Reply:

“Dear Sir,
Thank you for your email.
The case in question is currently under examination by the Court and no decision has been taken so far.
Yours sincerely,
ECHR – Press Unit”

There’s been a huge backlog of cases snuck in just before the deadline for changed rules. Most, will likely be rejected.

Thanks Pete for the update. I did not realize RS left the courtroom early. I too wish to thank all the main posters and those who have stayed the course. This is far from over.

@Peter

“Maybe Edda could write a main post here?”

Excellent idea. I second it.

I wish that the media in the UK, USA, Italy, and anywhere else would stop conflating what e.g. the Fifth Section judges have said publicly with “the truth [that may never be known” and with “mysteries” (this case is no mystery).

Wish in one hand, spit in the other.

“Scott put up a picture of the grave in a tweet – hastily taken down – as the news broke.  He disparagingly refers to the grave as being in “poor condition”, with a temporary headstone marker.”

What an evil little man to lie about something like this.

A quick note on the revised Breaking News box: This is conjecture.

Michele Giuttari among others is engaged in this kind of rolling process and is winning at every turn. He uses one win to assure another. Some of his actions have targeted the hapless Spezi who with Preston defamed Giuttari and Mignini.

There is a real chance that the Hellmann court and the C&V consultancy will both prove to have been corrupted. Possibly the Marasca panel as well. Then those who had a hand or an interest in corrupting them will be on the hot seat.

Conceivably Knox could be tied up in legal processes in Italy and the US for decades. If she loses on the calunnia or the book in Italy she is an easy target in the US. And each case lost will makes things worse for her. Note that she already tries to hide that she is a felon in any statements and articles.

A first whiny victim of such a snowballing process, Frank Sforza, lost his website, his income, reputation, his ability to visit America where he is a wanted man, and still end fined heavily or in prison. Shades of OJ. and the ticked Florence prosecutors wont let up on him. The pace of such actions will step up and will be very Florence-driven.

Hi JohnQ,
I too get frustrated when I hear about “mysteries” and “the truth may never be known” The evidence is out there. As all 3 perps are liars and thieves we may never know some of the “specific” details but for the most part the Courts were able to re-enact the major events of the crime.

Where next:

Or to next entry 1 November 2015: Marking Eight Years That Her Presence And Promise Have Moved People

Or to previous entry Meredith’s 29th: She Might Confidently Have Expected To Have Come Far By Now